The American Flag Burning Heard Analysis

Improved Essays
The American flag is a sacred symbol of the freedom that the United States of America has. In 1777, the American flag was made an official ensign for America, and to this day, the only thing that has changed about the flag is the number of stars on it. The flag is not just a symbol for the people that live in America, but also for the people that live in other countries. People in other countries that wish to immigrate to America see the flag for what it truly represents, freedom. Although, the American flag is not just a symbol of freedom, it is also a symbol for America a nation. In Gerald R. Webster 's article, "American Nationalism, The Flag, and The Invasion of Iraq," Webster discusses the symbolic nature of the American flag. In Neil A. Lewis 's article "Arguments on Flag Burning Heard," he describes the U.S. Supreme Courts perspective on the burning of the American flag. Douglas W. Kmiec interprets two very famous cases in regards of the burning of the American flag in his article, "In the aftermath of Johnson {Texas v. Johnson, 109 S. Ct. 2533} and Eichman {United States v. Eichman, 110 S. Ct. 2404}: the Constitution need not be mutilated to preserve the government 's speech and property interests in the flag.” Although the U.S. Supreme Court ruled in a 7-3 majority that flag burning constitutes symbolic speech, which is protected under the first amendment, there should be a law banning the desecration of the American flag, instead of allowing it. The first amendment was used to allow the desecration of the American flag in the cases Texas v. …show more content…
Johnson and United States v. Eichman. In Douglas Kmiec 's article, he says, "The anti-flag outcome of both cases triggered widespread and sincere outrage on the part of the American public and equally insincere partisanship by some of its elected officials." A majority of American people strongly disagreed with the rulings in both cases and what the rulings were based upon. When the U.S. Supreme Court made their decision they did not take into consideration that without any form of communication accompanying the action of burning the American flag, there would be no need to allow the burning of the American flag legal using the first amendment. Lewis says, "Congress should have the authority to protect those things that are special to us as a people." The American flag is an important symbol to most nationalistic and patriotic Americans, so it should be protected. Patriotism has a lot to do with how people view the topic of burning the American flag. If someone does not feel any kind of attachment for their country, then they most likely will not care about what happens to that country 's ensign. According to Webster, "The literature on patriotism and nationalism is immense, colorful, and at times contentious, including perspectives from political science, sociology, history, and geography." The emotional attachment one feels for their country can often be seen in different ways, but one thing that does not differ is the respect they have for the American flag. The American flag is an inanimate object that has a lot of significance to America as an independent nation, but a lot of people do not think that it has any bearing on the country. The flag is not a symbol that does not serve a purpose, but a symbol that is representational of the entire nation, and all of it successes and failures. The American flag is a form of communication for Americans all over the country, even of they may not know each other. Tragedy 's happen all of the time, and during times of tragedy Americans are supposed to fly their flags at half-staff in honor of the lives that were lost because of it. Since the flag is used as a form of communication between Americans, those that believe the American flag should be allowed to be burned would say that is considered a form of speech. Although, the U.S. Supreme Court allowed the flag to be burned because of free speech, it should not have been because a form of communication is completely different than burning the American flag without any regards as to why. Those opposed to there being a law put into effect

Related Documents

  • Decent Essays

    The tone of Texas V. Johnson is a more strict tone and serious. Starting with ¨We decline, …¨ makes it sound as a decrease and make the rest of the passes more important as if it was being declared as a new law. But in the fact that it is not it still shows great importance. By including the First Amendment in the passes it showed the importance of the argument. By not having any personal opinion gave it a show of facts and truth.…

    • 413 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    Even though there was a State law in place to protect against unlawful burning of the American flag, the First Amendment protects symbolic speech which is what the Supreme Court deemed Johnson’s act…

    • 1434 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Gregory Johnson Case

    • 1168 Words
    • 5 Pages

    Johnson was prosecuted for flag desecration that violated a state statute. The Texas Court of Criminal Appeals reversed Johnson’s conviction, and held that flag burning was an expression of speech. Texas appealed to the Supreme Court (O’Brien 702). 3. Questions of the Court Is flag burning protected by the First Amendment?…

    • 1168 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    Texas V Johnson Tolerance

    • 230 Words
    • 1 Pages

    Unit One Essay Texas v Johnson and the American beg stands for tolerance differences. Texas V Johnson is the court's decision. American flag stands for tolerance in his opinion. Court's decision they had accept Gregory Johnson for his Beliefs, the editor of the newspaper has his on opinion on it. American flag stands for tolerance.…

    • 230 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Texas vs. Johnson (An analysis of the supreme court case Texas vs. Johnson and the current repercussions of the decision) The first amendment protects many of our basic rights such as freedom of speech, freedom of religion, freedom of the press, etc. The framers of our constitution left a broad wording to leave room for our country to grow and change as time went on. One of the adjustments our country has made over time is to define the actions and words protected under the freedom of speech. There are three basic categories of free speech; pure speech, is communication only through words, speech plus is speech plus an aid such as a sign or a chant, and symbolic speech, an action that communicates meaning without the use of words.…

    • 1129 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Confederate Flag

    • 836 Words
    • 4 Pages

    “American public opinion on the confederate flag remains about where it was 15 years ago, with most describing the flag as a symbol of Southern Pride more than one of racism.” (Agiesta 1) The confederate flag will always be a part of the history in the United States. It has been integrated in the culture for well over a hundred years, and now that all of a sudden a shooting happened everyone wants to blame a flag and remove it based on prejudice or racism. The flag is a symbol of patriots who were trying to protect a country and make sure it remained as the founders of the country intended it to.…

    • 836 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Based on “What of this Goldfish Would you Wish”, “The American Flag Stands for Tolerance”, and my own experience, our relationships with others define who we are by showing what we are passionate about. In “What of this Goldfish Would you Wish?” By. Etgar Keret Yoni, a young man is intrigued in making a documentary so he can knock on doors and ask people what they would wish for if they had three wishes from a magical goldfish. Yoni is interested to examine the different answers and to document all of it.…

    • 2111 Words
    • 9 Pages
    Superior Essays
  • Improved Essays

    The American flag is the very definition of our country, our 50 united states, red for our valor, white is our purity, and the blue for our vigilance. It should be protected for what it stands for. It may be controversial due to the 1st Amendment and it’s freedom of speech, but I believe it gone through too much to be treated in such a way,…

    • 110 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    The editorial says “… what is the harm in insisting upon a modicum of respect for it?” to contrast about the flag meaning to most citizens in the United States. The editorial also talks about the First Amendment in the Bill of Rights to further express the Johnson’s action about the burning of the flag by saying his action were his freedom to do so. The Texas vs Johnson Majority Opinion and the editorial about the case similarly explains about the case of Johnson, on the contrary their tone of situation is different from each other. The Texas vs Johnson Majority Opinion’s tone was more analytical, however, the editorial’s tone was a thoughtful and…

    • 288 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    The American flag is one of the last symbols of hope. It stands for life, support and freedom. One example of how the flag is a symbol of life is when people die the veterans, the soldiers or anyone who worked for this country bring all the flags to half-mast to honor the people that die during the incident that occurred. When a flag is old and tattered persons cut the stars out and send them to friends and family so the flag is remembered but isn't “suffering”. The U.S. flag also stands for support.…

    • 266 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    The colors of the Flag stand for many things. Red stands for hardiness and valour, white stands for purity and innocence, and blue, the color of the Chief, which is the broad band above the stripes, signifies vigilance, perseverance, and justice. The stars on the flag, which was first an ancient symbol of India, Persia, and Egypt, symbolizes dominion and sovereignty. George Washington interpreted the symbolism of the American Flag as, “We take…

    • 673 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    When Congress passed the Flag Protection Act of 1989, the Court upheld the Johnson ruling by deciding on the Eichman case in a 5-4 decision. Because the Supreme Court ruled on United States v. Eichman with the intention of completely respecting the Texas v. Johnson decision, it can be seen that judicial restraint was…

    • 1309 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    American Flag Speech

    • 550 Words
    • 3 Pages

    The United States of America is a noble country home to millions of people fortunate enough to have freedom and opportunities not many countries offer. My responsibility as an American citizen includes respecting one of our greatest symbols, the American flag. The American flag, through its’ colors of red, white, and blue, symbolizes true patriotic values and standards. The color red stands for courage and honorableness of men and women who sacrificed their lives for our freedom.…

    • 550 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Johnson, Johnson was arrested for burning an American Flag at a protest. Though he was fined and put on trial for the crime, the court ended up ruling in the favor of Johnson, saying that it is freedom of expression and burning the flag is okay. In the words of the court, “To say that the government in encouraging proper treatment of the flag, however, is not to say that it may criminally punish a person for burning a flag as a means of political protest.” Gregory Johnson wasn’t accepted for something he thought was right. Some people still don’t think that burning the flag is acceptable, and some do.…

    • 750 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Ever since the first incident of flag burning occurred in the United States, it has been heavily debated whether or not one has the right to desecrate the country’s stars and stripes. Today, it is within the law to burn the flag as a form of expression. It has not always been that way. Once the Vietnam War started, many people protesting the war demonstrated their hatred for the country’s actions by burning the national flag. This led to the action becoming a federal offense, anyone committing such crimes subject to penalty (Whitman).…

    • 2389 Words
    • 10 Pages
    Superior Essays